Naveen Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1018 of 2015 Naveen Kumar ... Petitioner -v1.State by The Inspector of Police, Avinangudi Police Station, Thittagudi Taluk Cuddalore District.

2.D.Senthil Kumar ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the respondents to cause production of the body of the petitioner wife, Andal, W/o.Naveen Kumar, aged about 21 years, before this Court and ti set her at liberty.

For Petitioner :

Mr.R.Thamaraiselvan For Respondents:

Mr.A.N.Thambi Durai APP for R1 Mr.R.Prabhudoss for R2

O R D E R

(Order of the Court made by S.TAMILVANAN,J.) Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for R1. 2.This petition has been filed by the petitioner/husband of the detenue, Andal, wife of Naveen Kumar, aged about 21 years, seeking for a direction to the respondents to cause production of his wife/the detenue, before this Court and to set her at liberty. 3.The detenue Andal is present before this Court. On enquiry, the detenue told us that there is no illegal detention of her by anybody and that she is residing with the second respondent, who is none other than father of the detenue and her mother are also present in the open Court. Due to family dispute, she went to her parental home. On the aforesaid circumstances, filing this type of petition arising https://hcservices.ecourts.gov.in/hcservices/

allegation that there is an illegal detention by the second respondent/father of the detenue, cannot be accepted. Hence, we are of the view that when there is no illegal detention by anybody, filing this type of petition would be construed as abuse of process of law and accordingly, this petition is dismissed. However, it is open to the petitioner to approach the appropriate forum seeking his remedy.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal To 1.The Inspector of Police, Avinangudi Police Station, Thittagudi Taluk Cuddalore District.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Mr.R. Thamaraiselvan, Advocate, S.R.No.29622 SR(CO) EU(02/07/2015) H.C.P. No.1018 of 2015 https://hcservices.ecourts.gov.in/hcservices/